Jail Solidarity

Some Notes on Jail Solidarity

Cops are allowed to lie when questioning you!

The prisoner’s dilemma: Two men are arrested, but the police do not possess enough information for a conviction. Following the separation of the two men, the police offer both a similar deal- if one testifies against his partner (defects / betrays), and the other remains silent (cooperates / assists), the betrayer goes free and the cooperator receives the full one-year sentence. If both remain silent, both are sentenced to only one month in jail for a minor charge. If each ‘rats out’ the other, each receives a three-month sentence. Each prisoner must choose to either betray or remain silent; the decision of each is kept quiet. What should they do?

4 main reasons not to talk to cops

Talking to cops is bad practice.

Talking to cops is bad solidarity.

We don’t know what information is useful to them.

Anything you say CAN and WILL be used against you and others.

Bad practice:

It is hard to stay silent. We have been trained from youth to be cooperative, nice and friendly with law enforcement. Fight this urge! Even the most disciplined among us can’t fight this urge sometimes, and you won’t know how you’ll react until your first encounter with an officer.

Just as it is always good to practice a culture of respect, consensus, and anti-oppression organizing, we owe it to ourselves, the people we organize with, and the people close to us who may look to us for guidance or inspiration at times to ALWAYS practice not talking to law enforcement.

Bad Solidarity

Cops get suspicious when someone won’t speak to them.

Consider: The cops are questioning a large group of folks about something, anything. The people who talk likely don’t get crossed off the list completely, but that cop certainly gets back to his office and wonders, “Why didn’t he talk to me when both of his friends did?”

When we refuse to talk to law enforcement, it not only protects us as individuals, but also protects the next person, both from what we might say and from any added suspicion or scrutiny the cops might draw from getting different responses. When the cops leave your house to knock on the next door, that next person deserves to feel empowered and confident that her reaction—refusing to talk—is the same reaction that cop has received from the previous three houses and will receive from the next three, and that no scrutiny or suspicion will be cast on her because of her refusal to talk that wasn’t cast on the community evenly. When we stand together and respond together, all of us will feel, and will actually be safer. Solidarity, always and forever!

We don’t know what information is useful to them.

We don’t actually know, nor can we know, what it is the cops are looking for, or how they are looking for it. The nature of investigations into political movements/communities is that law enforcement is never investigating just a single crime. They are also, at the very least, gathering intelligence. This information isn’t just gathered through our verbal responses. Our non-verbal communication, facial expressions, attitude, etc. speak volumes, often in ways we don’t realize and can’t control.

The cops might be noting such things as: Who is talkative, cocky, impulsive? Who is belligerent and defensive? Who is scared, submissive or vulnerable? Who flinches or pauses when we say X? Who sweats and acts nervous when we talk about Y? Who will agree to chat with us and who won’t? Who hires a lawyer and who doesn’t? Why did his eyes focus on this picture longer than the others? Why didn’t he correct us when we said Z? We weren’t aware he was associated with x, y, and z, but he didn’t ask who they were or seem confused when we mentioned their names.

A quick lesson on the history of political repression in the United States will quickly illustrate why it is dangerous to allow law enforcement to map our communities like this. Also, being identified as someone who is willing to chat with law enforcement greatly increases the likelihood that they will keep returning to talk to you. Nobody likes to revisit a dry well.

Lesson: Don’t talk!

Magic words: I have the right to remain silent. I would like to speak to an attorney.

What about while you are in the jail cell, awaiting bail and release?

Solidarity is just as important here or anyone else.

At the same time, please remember, you may not know the person sitting next to you. Just because they’re in the cell, too, does not mean he is your ally!

Be careful who you speak to, and what you talk about!

When you make a phone call, unless it is to an attorney, it is NOT confidential. Say nothing more than your charges and bail!

There are those among us who need more protection! As a group, we must help them. This includes, people of couples, gays, lesbians, repeat offenders, transgender individuals, or those who have been identified “leaders”.

As a group, the arrestees should focus on demanding fair and equal treatment for all.

Do not allow officers to separate individuals.

Do not allow officers to ignore special needs of those standing with you in that cell.

Please be respectful not only of people’s needs while in jail, but external factors of their life. Choosing not to be part of a group trial, stay in jail, etc. does not mean someone is abandoning the group. People have responsibilities, jobs, families, other issues. Those folks stand with you in other ways – by speaking to the media, by carrying messages.

Remember, our goals are not aligned with law enforcement. Beyond our political motivations, they aim to separate us, while we are focused on solidarity. Stand together!